On Wed, Jun 24, 2009 at 1:06 AM, Pat Allan <p...@freelancing-gods.com> wrote:
> In Ruby, open-source is de rigueur. If you write something useful to
> others, can package it into a plugin or gem, and it's not unique/
> important to clients, then often it'll be open sourced.

Do you think this will ever come back and bite the community in the
arse? It's happened before in the Perl community, where a company
threatened to have a module removed from core because it was written
in company time and released without their knowledge. I suspect that
many of the open source libraries out there were created on company
time and released by developers who don't understand the implications
of IP/copyright law.

Personally, I try to make sure that my freelance contracts allow me to
retain ownership of generic deliverables such that they can be
released into the public domain (where appropriate). That kind of
arrangement seems to be frowned upon by the bulk of companies hiring
contractors, mainly because the boilerplate contracts their lawyers
give them attempt to re-assign all IP away from the contractor.

Usually I'm able to swing them around by explaining that if all my
clients retained 100% ownership of IP then I wouldn't be able to bring
any useful IP to the table and projects would take substantially
longer. But practically, they know that they're going to need to get
their lawyers to draft a non-standard contract which costs more money
than finding another contractor who's less particular about IP
ownership.

Perhaps a public-domain set of licenses like the Creative Commons for
IP contracts could help motivate companies to accept mutually
beneficial IP ownership terms?


Cheers,

Nathan de Vries

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